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Defense strategies when accused of domestic abuse

| Feb 13, 2019 | domestic abuse | 0 comments

Domestic disputes occupy police departments on an almost daily basis in Illinois. Although many of these incidents represent legitimate criminal cases, situations arise when people must defend themselves from criminal allegations of domestic violence. The law places an obligation on prosecutors to meet certain burdens of proof. Evidence that contradicts an accuser’s story or an outright lack of evidence might protect people from conviction.

Someone wrongly accused of domestic abuse might benefit from presenting evidence about an alibi. Information that places someone in a location other than where the alleged attack took place could lead to a case dismissal. Similarly, evidence that points to the correct suspect could exonerate a wrongly accused person.

False allegations sometimes deliberately emerge when people want to hurt others out of spite. This could happen during a child custody dispute. A defense against false accusations depends typically on exposing inconsistencies in the alleged victim’s story.

Self-defense could apply in some cases, especially if the person can show that another person initiated the attack or threatened children. An imminent threat will need to be proven, and the accused person’s reaction must be considered proportional to the threat.

A person has a strong incentive to resist charges of domestic abuse because a criminal conviction could interfere with future employment, education or access to children. The representation of a criminal defense attorney might provide substantial support when a person needs to appear in court. Legal advice based on available evidence may help a person decide how to enter a plea. An attorney may also communicate directly with a prosecutor and challenge the validity of existing evidence. This intervention might prompt a prosecutor to dismiss charges or offer a plea deal for a reduced charge.